Trademark infringement requires the defendant to justify its use of a mark identical to the plaintiff's established trademark, considering the plaintiff's goodwill.

ORDER :

I.A. 4210/2025 (Exemption from filing original and certified copies of documents)

1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), on behalf of the plaintiff, seeking exemption from filing original or certified, clearer copies with proper margins of the documents.

2. Exemption is granted, subject to all just exceptions.

3. Plaintiff shall file legible, clear copies of the documents, on which the plaintiff may seek to place reliance, before the next date of hearing.

4. Accordingly, the present application is disposed of.

I.A. 4209/2025 (Exemption from undergoing Pre-Institution Mediation)

5. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.

6. Issue notice, returnable on the next date of hearing.

I.A. 4212/2025 (Exemption from advance service to the defendant)

7. The present is an application under Section 151 CPC, seeking exemption from advance service to the defendant.

8. Since summons is being issued to the defendant, the present application is disposed of.

I.A. 4208/2025 (Application seeking leave to file additional documents)

9. This is an application under Order XI Rule 1(4) read with Section 151 CPC, as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.

10. Learned Senior Counsel for the plaintiff submits that an additional document in the form of Chartered Accountant (“CA”) Certificate, showing the sale figures of the plaintiff has been filed yesterday evening.

11. The Registry of this Court is directed to place the same on record.

12. In case the plaintiff wishes to place on record further additional documents, the same shall be done strictly as per the provisions of Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

13. Noting the aforesaid, the present application is disposed of.

I.A. 4211/2025 (Application seeking time for filing the Hash Report and Certificate of Expert under Section 63(4) (C) of the Bhartiya Sakshya Adhiniyam, 2023)

14. This is an application under Section 151 CPC seeking extension of time for filing Hash Report and Expert Certificate under Section 63(4)(C) of Bharatiya Sakshya Adhiniyam, 2023 (“BSA”).

15. In view of the averments made in the application, the same is allowed, and extension as sought, is granted.

16. Let the needful be done, accordingly.

17. With the aforesaid directions, the present application is disposed of.

CS(COMM) 141/2025 & I.A. 4207/2025

18. Let the plaint be registered as suit.

19. Upon filing of the process fee, issue summons to the defendant by all permissible modes. Summons shall state that the written statement be filed by the defendant within thirty days from the date of receipt of summons. Along with the written statement, the defendant shall also file affidavit of admission/denial of the plaintiff’s documents, without which, the written statement shall not be taken on record.

20. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendant, be filed by the plaintiff, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.

21. List before the Joint Registrar (Judicial) for marking of exhibits, on 16^th April, 2025.

22. Issue notice in I.A. 4207/2025 through all modes, including, dasti through Standing Counsel.

23. The present suit has been filed for permanent injunction restraining infringement of registered trade mark, passing off, unfair trade competition, misrepresentation, delivery-up, damages, etc.

24. Learned Senior Counsel for the plaintiff submits that the present suit concerns infringement and passing off activities of the defend